(a) The administrator may enforce this part 2 and rules adopted under this part 2 by taking one or more of the following actions:
(1) Ordering a provider or a director, employee, or other agent of a provider to cease and desist from any violations;
(2) Ordering a provider or a person that has caused a violation to correct the violation, including making restitution of money or property to a person aggrieved by a violation;
(3) Imposing on a provider or a person that has caused a violation a civil penalty not exceeding ten thousand dollars for each violation;
(4) Prosecuting a civil action to:
(A) Enforce an order; or
(B) Obtain restitution, a civil penalty not to exceed ten thousand dollars per violation, an injunction, or other equitable relief;
(5) Intervening in an action brought under section 5-19-235.
(b) If a person violates or knowingly authorizes, directs, or aids in the violation of a final order issued under subsection (a)(1) or (a)(2) of this section, the administrator or court may impose a civil penalty not exceeding twenty thousand dollars for each violation.
(c) The administrator may maintain an action to enforce this part 2 in any county.
(d) The administrator may recover the reasonable costs of enforcing this part 2 under subsections (a) to (c) of this section, including attorney fees based on the hours reasonably expended and the hourly rates for attorneys of comparable experience in the community.
(e) In determining the amount of a civil penalty to impose under subsection (a) or (b) of this section, the administrator or the court shall consider the seriousness of the violation, the good faith of the violator, any previous violations by the violator, the deleterious effect of the violation on the public, the net worth of the violator, and any other factor the administrator or the court considers relevant to the determination of the civil penalty.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1165, � 4, effective August 9.
Editor's note: This section is similar to former � 12-14.5-233 as it existed prior to 2017.
5-19-234. Suspension, revocation, or nonrenewal of registration - definitions. (a) In this section, insolvent means:
(1) Having generally ceased to pay debts in the ordinary course of business other than as a result of good-faith dispute;
(2) Being unable to pay debts as they become due; or
(3) Being insolvent within the meaning of the federal bankruptcy law, 11 U.S.C. sec. 101 et seq., as amended.
(b) In addition to the remedies otherwise available under this part 2, the administrator may suspend, revoke, or deny renewal of a provider's registration if:
(1) A fact or condition exists that, if it had existed when the registrant applied for registration as a provider, would have been a reason for denying registration;
(2) The provider has committed a material violation of this part 2 or a rule or order of the administrator under this part 2;
(3) The provider is insolvent;
(4) The provider or an employee or affiliate of the provider has refused to permit the administrator to make an examination authorized by this part 2, failed to comply with section 5-19-232 (b)(2) within fifteen days after request, or made a material misrepresentation or omission in complying with section 5-19-232 (b)(2); or
(5) The provider has not responded within a reasonable time and in an appropriate manner to communications from the administrator.
(c) If a provider does not comply with section 5-19-222 (f) or if the administrator otherwise finds that the public health, safety, or general welfare requires emergency action, the administrator may order a summary suspension of the provider's registration, effective on the date specified in the order.
(d) If the administrator suspends, revokes, or denies renewal of the registration of a provider, the administrator may seek a court order authorizing seizure of any or all of the money in a trust account required by section 5-19-222, books, records, accounts, and other property of the provider that are located in this state.
(e) If the administrator suspends or revokes a provider's registration, the provider may appeal and request a hearing pursuant to section 24-4-105.
Source: L. 2017: Entire article added with relocations, (HB 17-1238), ch. 260, p. 1166, � 4, effective August 9.
Editor's note: This section is similar to former � 12-14.5-234 as it existed prior to 2017.